Pero... ¿puede ser el Senado una cámara de representación territorial?
In several federal states the powers of the second chamber are being reduced and there is debate in some about their abolition. In states without a federal structure, the senate is also being questioned and in several states has been abolished. In Spain, in contrast, the prevailing theory is that we...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2016
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5634737 |
| Source: | Revista española de derecho constitucional, ISSN 0211-5743, Año nº 36, Nº 107, 2016, pags. 75-116 |
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| Summary: |
In several federal states the powers of the second chamber are being reduced and there is debate in some about their abolition. In states without a federal structure, the senate is also being questioned and in several states has been abolished. In Spain, in contrast, the prevailing theory is that we should broaden its powers and change it into a «true» chamber of regional representation so that autonomous communities can become participants in the shaping of the state’s legislative will. This theory is based on several assumptions.
The first assumption is that so-called regional representation is truly possible and that the appointment of senators in regional areas will make it possible to express the will and the interest of autonomous communities as such in the spanish Senate, and not as a replica of the political parties. The second assumption is that there is a lack of participation by autonomous communities in the shaping of the general will, due to the poor functioning of the spanish Senate. The third assumption is that the senate is an essential institution in composite states because it guarantees the plurality of parties compared to the unity of the whole. However, these three assumptions are disproved by practice witnessed in second federal chambers. This study is devoted to an analysis of them. |
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